2023 CLC 198 KARACHI-HIGH-COURT-SINDH

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Mst. NADRA JAMIL SIDDIQUI VS MUNIR AHMED S.21---Limitation Act (IX of 1908), S. 5---Appeal---Limitation---Condonation of delay---Scope---Petitioner/Landlady filed rent case against the tenant for his eviction on the grounds of personal need and default in payment of monthly rent, which was dismissed---Appeal was also dismissed as being barred by limitation---Contention of petitioner was that she had filed an application under S. 5 of the Limitation Act, 1908, for condoning the delay in filing the appeal but the same was not considered---Validity---Provisions of S.5 of the Limitation Act, 1908, did not apply to the appeals filed under the Sindh Rented Premises Ordinance, 1979, wherein the limitation of filing the appeal was specifically prescribed in S.21 of the Limitation Act, 1908---Impugned order did not suffer from any illegality or infirmity and as such did not require any interference by the High Court in its constitutional jurisdiction---Petition was dismissed.